McClure

McClure v. Board of Education

Good Law
1918 Cal. App. LEXIS 174·38 Cal. App. 500·176 P. 711
Court of Appeal of CaliforniaOctober 24, 1918Civ. No. 1882.California2,963 words

Opinion

Lead Opinion

Burnett, J.

The vital point in the case is whether the „ board of education of the city of Visalia is authorized to per mit a social dance in the high school building. The question here is, manifestly, one of power and not of policy. If we find that under any reasonable interpretation of the law such right exists, then we cannot interfere with the contemplated action of the board. It is the claim of respondent that the authority to permit such use has been conferred under proper restriction by the provisions of what is known as the Civic Center Act (Stats. 1913, p. 853), and subdivision 4 of section 1617 of the Political Code.

Said Civic Center Act provides: “There is hereby established a civic center at each and every public sehoolhouse within the state of California, where the citizens of the respective public school districts . . . may engage in supervised recreational activities.” Dancing would seem to be a form of “recreational activity” within the recognized meaning of that phrase. This court would hesitate to proclaim itself an authority on the subject, but it is bound to accord due weight to the opinions of those who have given careful consideration ■to such diversion. Our attention…

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